Skip to content

1. Appraisals

Posts

  • Alaska

    Absent express provisions making certain kinds of appraisals done by or for, or submitted to, public agencies, can be presumed to be public pursuant to the Public Records Act. Some statutes and regulations allow for appraisals, as well as other similar documents, to be withheld. For example, in order to promote the purposes of the Alaska Industrial Development Authority, unless the records or information were a matter of public record before submittal to the authority, a variety of records and information, including appraisals (except the name of the appraiser, the date of the appraisal, and the fair market value determined for the property appraised) must be kept confidential if the person supplying the records or information or the project, bond, loan, or guarantee applicant or borrower requests confidentiality. AS 44.88.215(a). Information compiled by the authority from information described in (a) of this section shall be kept confidential unless disclosure is authorized by the person supplying the information and by the project, bond, loan, or guarantee applicant or borrower. AS 44.88.215(b). And, on a determination that it is in the best interest of the University of Alaska or on the request of the person who has provided the information, the president of the university may keep confidential appraisals, as well as other financial information and records, relating to university land or an interest in university land and considered for, offered for, or currently subject to disposal or a contract. AS 14.40.367(3). Provisions relating to confidentiality with respect to sales of public lands and resources are note in Open Records Guide, §II.B.2(27).

    view more
  • Arkansas

    Appraisals performed by the condemning authority for the purposes of an eminent domain action are open. Ark. Op. Att’y Gen. No. 80-21. Real estate appraisals conducted for the purposes of assessing property taxes are also open. Ark. Code Ann. § 26-26-1307.

    view more
  • California

    Appraisals for acquisition of property are exempt “until all the property has been acquired or all the contract agreement obtained.” Cal. Gov’t Code § 6254(h).

    view more
  • Colorado

    Contents of real estate appraisals made for the state or political subdivision concerning acquisition of property for public use until title to the property has passed to the state or political subdivision. Colo. Rev. Stat. § 24-72-204(2)(a)(IV).
    However, a custodian shall deny access to all records, including, but not limited to, analyses and maps, compiled or maintained pursuant to statute or rule by the department of natural resources or its divisions that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners or lands, except that summary or aggregated data that do not specifically identify landowners or specific of parcels of land shall be disclosed. Colo. Rev. Stat. § 24-72-204(3)(a)(XXI).

    view more
  • Connecticut

    (This section is blank. See the point above.)

    view more
  • Delaware

    (This section is blank. See the point above.)

    view more
  • Georgia

    Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property are exempt from the Act until such time as the property has been acquired or the proposed transaction has been terminated or abandoned.  O.C.G.A. § 50-18-72(a)(9).

    view more
  • Hawaii

    Airport property appraisals used by the Department of Transportation to readjust lease rents and
    permit fees charged to persons using airport property must be disclosed. Haw. Rev. Stat. chapter 171 requires that appraisals be used to set negotiated lease rents and that such appraisals be available for public examination. DOT Airport Property Appraisals, OIP Op. Ltr. No. 91-10 (July 18, 1991).

    view more
  • Idaho

    Idaho Code § 74-107(3) exempts records relating to the appraisal of real property, timber or mineral rights prior to its acquisition, sale or lease by a public agency or independent public body corporate and politic.

    view more
  • Illinois

    Available upon completion of transaction.

    view more
  • Indiana

    Under Indiana Code Section 8-23-2-6(c), appraisals conducted by or for the Indiana Department of Transportation are confidential. Other agencies often try to rely on the more general language of Indiana Code Section 5-14-3-4(b)(6), which permits them to provide or deny access, in their discretion, to records that are advisory or deliberative material that are expressions of opinion or are speculative and are communicated for decision-making purposes.

    view more
  • Iowa

    Appraisals, negotiations and transactional details are confidential until after the execution of the contract for purchase or sale. Iowa Code § 22.7(7)

    view more
  • Kansas

    Exempted from open records act prior to the award of a contract. K.S.A. 45-221(a)(13).

    view more
  • Kentucky

    Ky. Rev. Stat. 61.878(1)(f) exempts “[t]he contents of real estate appraisals, engineering or feasibility estimates and evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired.”

    view more
  • Louisiana

    No specific provision, but appraisals should be treated as a public record and should be produced to a requester absent an applicable exemption, if they otherwise fall within the definition of “public record.”

    view more
  • Maine

    An appraisal is generally available, except when prepared for use in connection with an executive session to discuss or consider “the condition, acquisition or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development” and “only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency.”  1 M.R.S.A. 405(6)(C).

    The Department of Transportation and the Maine Turnpike Authority are authorized to keep confidential records and correspondence relating to negotiations for and appraisals of property until 9 months after the completion of a project, except that records of claims that have been appealed to the Superior Court are public records following the award of the court.  23 M.R.S.A. §63; Pinkham v. Dept. of Transp., 2016 ME 74, 139 A.3d 904 (“Section 63's provision of confidentiality means that — during the limited periods of time for which section 63 provides — the MDOT is not required to disclose the information at issue in response to a FOAA request.”).

    view more
  • Maryland

    With the exception of the owner of the property, a custodian may deny access to a public record that contains a real estate appraisal of the property until the State or political subdivision acquires title to the property. § 4-349.

    view more
  • Michigan

    See Mich. Comp. Laws 15.243(1)(j).

    view more
  • Montana

    Open. See Mayer v. City of Kalispell, 2007 MT 116, 337 Mont. 242, 160 P.3d 869.

    view more
  • Nevada

    There is no statutory or case law addressing the issue but see NAC 645C.040 regarding confidentiality of certain records regarding appraisers.

    view more
  • New Hampshire

    Exempt.  See Perras v. Clements, 127 N.H. 603 (1986).

    view more
  • New Jersey

    These are “government records” as defined by OPRA. Any information contained in the records that would give an advantage to competitors or bidders if disclosed, is exempt from disclosure under OPRA.

    view more
  • New Mexico

    Appraisals are subject to the general exceptions, such as trade secrets and specific statutory exemptions but, absent any specific exemption, would be considered public records. Upon request, the commissioner of public lands must provide copies of any records kept by the state land office.  NMSA 1978 § 19-1-21.  Records of appraisals of public lands are held by the state land office.  See Office of New Mexico Attorney General, Opinion Request—Applicability of Inspection of Public Records Act (August 23, 2007).

    view more
  • North Carolina

    Appraisals are not treated by statute. However, if they are obtained by a public agency, they should be accessible as public record.

    view more
  • North Dakota

    Generally open. See N.D. Op. Att’y Gen. 2002-L-41 (2002).

    view more
  • Ohio

    All County records relating to the assessment of real property are public records. Ohio Rev. Code § 5715.07. Records pertaining to appraisals used to determine property tax assessments are likely public records.  See State ex re. Bothwell v. Montgomery County Sanitary Engineering Dept., 1999 WL 959179 (Ohio Ct. App. 1999).  See also 1985 Ohio Atty.Gen.Ops. No. 85-087 (determining that the county was obligated to release information contained on appraisal cards).

    view more
  • Oklahoma

    A public body may keep confidential records relating to appraisals for the sale or acquisition of real estate if disclosure would give an unfair advantage to competitors or bidders. 51 O.S. § 24A.10.B.5.  The records would be available for public inspection after the sale or acquisition is completed.

    view more
  • Oregon

    ORS 192.345(6) (formerly 192.501(6)) conditionally exempts “[i]nformation relating to the appraisal of real estate prior to its acquisition” from disclosure.

    view more
  • Rhode Island

    There is no statutory or case law addressing this issue.

    view more
  • South Carolina

    If the appraisal is incident to the purchase or sale of property by a public body the record may be withheld until a contract is entered into.  S.C. Code Ann. § 30-4-40(a)(5).

    view more
  • South Dakota

    Closed. SDCL §1-27-1.5(6).

    view more
  • Tennessee

    Taxing authority appraisals are open.

    view more
  • Texas

    Information is excepted from the requirements of Section 552.021 if it is information relating to appraisals or purchase price of real or personal property for a public purpose prior to the formal award of contracts for the property. Tex. Gov’t Code § 552.105,

    view more
  • Utah

    Records that identify the appraisal or estimated value of real property under consideration for public acquisition generally are classified as protected, with certain specified exceptions. Utah Code § 63G-2-305(8).

    view more
  • Vermont

    “[I]nformation pertaining to appraisals or purchase price of real or personal property for public purposes” is exempt from disclosure prior to the formal award of the contracts.  1 V.S.A. § 317(c)(13).

    view more
  • Virginia

    Appraisals and cost estimates of real property subject to a proposed purchase, sale or lease, prior to the completion of such purchase, sale or lease. Va. Code Ann. § 2.2-3705.1.8.

    view more
  • Washington

    Real estate appraisals made in connection with the purchase or sale of property are exempt from disclosure until the earlier of (1) three years from the date of the appraisal, or (2) consummation or abandonment of the transaction. RCW 42.56.260.

    view more
  • West Virginia

    (This section is blank. See the point above.)

    view more
  • Wyoming

    Open in regard to public entities.  The sale price of a private home contained in public records are exempt from disclosure.

    view more